Please read the following TERMS & CONDITIONS governing the use of this website.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.If you are not satisfied with your product, we will gladly exchange it or give you a refund, excluding freight, within 30 days of original purchase.
Returns are subject to a 15% re-stocking charge.
Any missing components such as foam parts, accessories, etc., will be deducted from the refund amount. Make sure to send your item freight pre-paid and to use the original packaging to ensure that the product arrives in good condition. All returns must be in like new condition (no scratches, dents, etc.). We reserve the right of final decision whether the item can be returned for full refund based on the conditions outlined above.
PRODUCT DEFECTS - WARRANTY REPAIRS
Defective merchandise may be returned for replacement or repairs. Please contact us at the contact numbers outlined in the Contact section of this website for return authorization before shipping us back your product.
Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition, and to include a copy of the packing list or invoice, this will facilitate a quick handling of your case.
EXCLUSIVE REMEDY
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any of the products sold by us is solely limited to the amount you paid for such products during the term of this agreement. In no event shall we, our suppliers, commercial partners, affiliated parties and distributors, be liable for any indirect, incidental, special or consequential damages even if a specific correspondance has been enterteined on the possibility of such damages. To the extent that a state or country does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the extent permitted by law in such states or countries. We, TheCaseProject in the USA, Sire Sagl in Europe, our suppliers and contractors will not be liable for any indirect, punitive, incidental or consequential damages, loss of income or profit, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence, product delays, misdelivery, non-delivery, failure to provide information or otherwise, loss or liability resulting from acts of god; loss or liability resulting from errors, omissions, or misstatements in any and all information of our product(s) or service(s) provided under this agreement; loss or liability as a result of the application of our dispute policy.
MODIFICATIONS TO OUR TERMS & CONDITIONS
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we reserves the right to unilaterally modify, amend, change, including, but not limited to, prices, services, features of service, and these Terms and Conditions without notice. Any such revision or change will be binding and effective after posting of the revised Terms and Conditions or change to the service(s) on this Website, or upon notification to you by e-mail or registered mail. You agree to periodically review our Website, including the current version of these Terms and Conditions available on our Website, to be aware of any such revisions. By continuing to purchase our products after any revision to this Agreement, you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (I) any agent, representative or employee of any third party that you may use to apply for our services; or in (II) information posted on our Website of a general informational nature. No employee, contractor, agent or representative of our Company or affiliated entities is authorized to alter or amend the terms and conditions of this Agreement.
SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
You and TheCaseProject in the USA, Sire Sagl in Europe, agree that any disputes related to the products and services provided under this Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Arizona , United States of America , excluding its conflict of laws rules.
The parties hereby waive any right to jury trial:
You will not have the right to a trial by jury with respect to any action brought in connection with this Agreement and your claim shall be resolved by binding arbitration, administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, including, when appropriate, its Procedures for Large, Complex Commercial Disputes. You agree to pay all filing and other administrative fees necessary to initiate any such arbitration, subject to the right of the arbitrator to reallocate and assess such fees against other parties to the arbitration in accordance with the Arbitration Rules applicable to the proceedings.
WAIVER
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of TheCaseProject in the USA, Sire Sagl in Europe.
The remedies under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
WEBSITE WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TheCaseProject by Resusa Llc in the USA, Sire Sagl in Europe do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states and countries do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
TheCaseProject USA Llc in the USA, Sire Sagl in Europe and its marketing & distribution partners worldwide shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TERMINATION
These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by TheCaseProject in the USA, Sire Sagl in Europe, without notice at any time, for any reason. The remaining provisions relating to Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be in the relative state or federal court. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises. TheCaseProject in the USA, Sire Sagl in Europe, failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TheCaseProject in the USA, Sire Sagl in Europe may assign its rights and duties under this Agreement to any party at any time without notice to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TheCaseProject in the USA, Sire Sagl in Europe, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the site using your internet account.